Islamic law of the sea

Abstract

The Treaty of Laussane of 1923 was a punitive treaty framed as a peace treaty. It forced Turkey to cede territories, confirmed its sea borders and political stance, and this treaty hobbled the country on several maritime fronts. Thus, this research will have as its overall objective a critical investigation into the various Islamic sources of freedom in the laws of the sea. Those regulations governing access to the sea, freedom of navigation, and maritime trade on the Great Sea, as expressed in the Bible, find far greater documentation in Roman codices. From the beginning of the second century BCE, the Romans, later succeeded by the Byzantines, absorbed the independent states of the two Mediterranean basins. They claimed maritime dominion, enforced control with their naval power, which they exercised freely and fully, and came to view the Mediterranean Sea chiefly as their own, as their mare nostrum. In the light of these issues, the question arises as to whether Islamic Law restricts movement upon the high seas? Argument seeks to demonstrate that the ancient Islamic Law continues long-held traditions and ensures freedom for all to move on the high seas. The research paradigm is that of underlying norms, and therefore, the research methodology is doctrinal, formed into a legal narrative analysis. Legal experts viewed Roman vessels sailing out of sight of the coast as an extension of the land. Since all human beings on Earth are born free and equal in dignity and rights, all of them, according to Islam, including slaves, are supposed to enjoy free access to the boundless seas and vast oceans. The Qur'an does not contain even a single verse excluding members of any particular nation from navigating the seas or from travelling by land for any purpose. The Muslim jurists proscribed cargo salvage on the water's surface, whenever it could endanger their vessel. However, aiding persons in distress at sea was considered as a moral as well as a legal duty. Freedom of the high seas, as expressed in the United Nations Convention on the Law of the Sea (UNCLOS), corresponds with Qur'anic principles, and also, with the Islamic Laws of Nations.